Arizona sheriff earns court's doubt

Judge notes fixes slow after contempt ruling in profiling case

In this Dec. 18, 2013, file photo, Maricopa County Sheriff Joe Arpaio speaks at a news conference at the Sheriff's headquarters in Phoenix. A federal judge will hold a hearing Tuesday, May 31, 2016, to examine ways to address the Maricopa County sheriff's contempt-of-court violations in a racial profiling case.
In this Dec. 18, 2013, file photo, Maricopa County Sheriff Joe Arpaio speaks at a news conference at the Sheriff's headquarters in Phoenix. A federal judge will hold a hearing Tuesday, May 31, 2016, to examine ways to address the Maricopa County sheriff's contempt-of-court violations in a racial profiling case.

PHOENIX -- A judge presiding over a racial-profiling case against an Arizona sheriff said Tuesday that he doesn't trust the sheriff's office to fix some of the problems involved in a recent contempt-of-court ruling against the defiant lawman.

U.S. District Judge Murray Snow said he doesn't think Sheriff Joe Arpaio's office can conduct adequate internal investigations into allegations of wrongdoing by employees, including a decision to prolong immigration patrols for months after the court ordered the practice stopped.

"I don't have confidence anymore in the direction of the Maricopa County sheriff's office," Snow said at a hearing.

The judge convened the session to discuss possible punishment after his May 13 finding that Arpaio was in civil contempt for ignoring his orders. The decision could lead to a criminal contempt case involving possible fines or jail time.

Several dozen anti-Arpaio activists protested outside the courthouse during the hearing.

The protesters chanted "Arrest Arpaio, not the people" and played music for more than four hours. They also carried signs and pulled a giant balloon caricature of the sheriff around the sidewalk.

The profiling case that Arpaio lost three years ago prompted contempt-of-court proceeding after Snow accused the sheriff and some of his aides of violating court orders.

Snow has not yet imposed punishments.

Snow raised the possibility of holding a new round of contempt-of-court hearings to force the sheriff's office to do more to overhaul of the agency's policies and practices. The overhaul is aimed at guarding against future racial profiling.

An official hired to monitor the sheriff's office on behalf of the judge has said the agency is unacceptably slow in carrying out the court-ordered overhaul. Snow raised the possibility of imposing fines and jailing sheriff's officials who drag their feet in making the changes.

Arpaio was slumped in a chair throughout most of Tuesday's hearing. He rested his cheek on one of his fists as he watched lawyers make arguments to the packed courtroom in Phoenix.

Snow said he wants to throw out the agency's inadequate internal investigations into officer misconduct and have someone else re-examine the allegations and impose discipline. He rejected Arpaio's bid to retain his power to reverse discipline in those cases.

Lawyers argued over whether Arpaio should have to pull money from his own pocket to help taxpayers compensate the hundreds of Hispanics who were illegally detained.

The judge sided with Arpaio's opponents in saying he's inclined to accept that a person should be paid $1,500 for the first hour of an illegal detention.

But the judge was skeptical about a proposal that says illegal detentions longer than one hour would cost the county $1,000 for each 20-minute increment. Instead, the judge said he's willing to accept $200 for each additional 20 minutes.

The judge was incredulous at the suggestion by Richard Walker, a lawyer for Maricopa County, that taxpayers aren't financially responsible for the consequences of letting the immigration patrols continue.

Taxpayers have spent $41 million in the profiling case over the past eight years, covering legal fees, training for officers, a staff to monitor Arpaio's office on the judge's behalf, and other costs. Another $13 million is set aside for the coming year.

The county hasn't estimated the potential costs for compensating Hispanics pulled over in violation of the order, but a county official has said he personally believes the figure would be more than $1 million.

The lawyers who won the profiling case say Arpaio should be required to pull $300,000 out of his own pocket to help compensate the illegally held Hispanics.

The sheriff's attorneys, in turn, said Arpaio is willing to contribute $100,000 to a Hispanic civil-rights organization and publicly acknowledge his contempt violations.

Information for this article was contributed by Beatriz Costa-Lima of The Associated Press.

A Section on 06/01/2016

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